Tat 



A 



lONGBESS 



030 016, B' 



LAW OF PATENTS AND COPYRIGHTS, 



r 




REVISED, SIMPLIFIED, ARRANGED, AND 



CONSOLIDATED, 



BY THE 



COMMISSION APPOINTED FOR THAT PURPOSE, 



FROM 



THE VAEIOUS ACTS OF CONGRESS NOW IN FORCE, IN WHOLE OR IN PART. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1868. 



C^l- 



TABLE OF REFERENCES TO THE STATUTES AT LARGE. 

PATENTS. 

Act of July 4, 1836, chapter 357, volume 5, page 117. 
Act of March 3, 1837, chapter 45, volume 5, page 191. 
Act of March 3, 1839, chapter 88, volume 5, page 353. 
Act of August 29, 1842, chapter 263, voluma 5, page 543. 
Act of August 6, 1846, chapter 90, volume 9, page 59 ; part. 
Act of May 27, 1848, chapter 47, volume 9. page 23J. 
Act of March 3, 1849, chapter 108, volume 9, page 395; part. 
Act of March 3, 1851, chapter 32, volume 9, page 617 ; part. 
Act of August 30, 1852, chapter 107, volume 10, page 75. 
Act of August 31, 1852, chapter 108, volume 10, page 76; part. 
Act of March 3, 1852, chapter 97, volume 10, page 209 ; part. 
Act of March 3, 1855, chapter 175, volume 10, page 643; part. 
Act of August 18, 1856, chapter 129, volume 11, page 81 ; part. 
Act of March 3, 1859, chapter 80, volume 11, page 410; part. 
Act of February 18, 1861, chapter 37, volume 12, page 130. 
Act of March 2, 1861, chapter 88, volume 12, page 246. 
Act of March 3, 1863, chapter 102, volume 12, page 796. 
Act of June 25, 184, chapter 159, volume 13, page 194. 
Act of March 3, 1865, chapter 112, volume 13, page 533. 
Act of June 27, 1866, chapter 143, volume 14, page 76. 
Act of March 29, 1867, chapter 17, volume — , page — . 

COPYRIGHTS. 

Act of February 15, 1819, chapter 19, volume 3, page 481. 
Act of February 3, 1831, chapter 16, volume 4, page 436. 
Act of June 30, 1834, chapter 267, volume 4, page 728. 
Act of August 18, 1856, chapter 169, volume 11, page 138. 
Act of February 5, 1859, chapter 22, volume 11, page 380 ; part. 
Act of February 18, 1861, chapter 37, volume 12, page 130. 
Act of March 3, 1865, chapter 126, volume 13, page 540. 
Act of February 18, 1867, chapter 43, volume 14, page 395. 



ACT OF 1865. ; 

AN ACT supplemental to an act entitled "An act to amend the several acts respecting copy- 
right," approved Febriiary 3, 1831, and to the acts in addition thereto and amendment 
thereof. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the pi'OvisioDS of said act shall extend 
to and include photographs and the negatives thereof which shall hereafter be 
made, and shall enure to the beneiit of the authprs of the same in the same ; 

manner, and to the same extent, and upon the same conditions as to the authors ■■) 

of prints and eugravings. | 

Sec. 2. And be it further enacted, That a printed copy of every book, 
pamphlet, map, chart, musical composition, print, engraving, or photograph, • 

for which a copyright shall be secured under said acts, shall be transmitted, free ' 

of postage or other expense, by the author or proprietor thereof, within one | 

month of the date of publication, to the Library of Congress at Washington for 
the use of said Library ; and the Librarian of Congress is hereby required to 
give a receipt in writing for the same. ,ii 

Sec. 3. And be it further enacted, That if any proprietor of a book, pamphlet, 
map, chart, musical composition, print, engraving, or photograph, for which a 
copyright shall be secured as aforesaid, shall neglect to deliver the same pur- 
suant to the requirement of this act, it shall be the duty of the Librarian of 
Congress to make demand thereof in writing, at any time within twelve months 
after the publication thereof; and in default of the delivery thereof within one 
month after the demand shall have been made, the right of exclusive publica- 
tion secured to such proprietor under the acts of Congress respecting copyright 
shall be forfeited. 

Sec. 4. And be it further enacted, That in the construction of this act the 
word "book" shall be construed to mean every volume and part of a volume, i 

together with all maps, prints, or other engravings belonging thereto ; and shall \ 

include a copy of any second or subsequent edition which shall be published 
with any editions, whether the first edition of such book shall have been pub- 
lished before or after the passage of this act : Provided, however. That it shall i 
not be requisite to deliver to the said Library any copy of the second or any sub- 
sequent edition of' any book, unless the same shall contain additions as afore^ 
said, nor of any book which is not the subject of copyright. 

Approved March 3, 1865. 



^ 



I- 



^'A-^y 



^ 



CHAPTER I. 

OF ORGANI*ATIOJr. 



Sec 
1. 
2. 
3. 
4. 
5. 
6. 



Patent Office established. 
Officers and employes. 
Additional and temporary employes. 
Salaries. 
Oath of office. 
Official bonds. 
7. Prohibition from acquiring interest 
in patents. 



Sec. 
8 Duties of Commissioner. 
9. Seal of office. 

10. Duties of chief clerk. 

11. Duties of examiners ia chief. 

12. Library. 

13. Display of models. 

14. Annual report. 

15. Refusal to recognize agent. 



Section 1. There shall be established and attached to the Patent office esta- 
blished. 
Department of the Interior an office to be known as the-— — , ^„^^ ^ 

^ i July, 1836, ch. 

Patent Office, wherein all records, books, models, drawings, ^^'^i^j-^'gP^iJ,^- 
specifications, and other papers and things pertaining to ^°®'^^' '*'■''' p-'^'^^- 
patents, shall be safely kept and preserved. 



Sec. 2. The ofiicers and employes of said ofiice shall be: officers and em- 
one Commissioner of Patents and three examiners in chief, '- 

1 • 11 ITT.-! 1 I'll !• ■* Ji^'y^ 1836, ch. 

to be appointed by the President, by and with the advice 357, 52, v. 5, p. ns. 

1 n 1 f-i 1- P 1 1 • 3 Mar., 1837, ch. 

and consent of the Senate; one chief clerk, twenty princi-45,§ii,v.5,p.i94. 

'_ _ ' •' ^ 3 Mar., 1839, ch. 

pal examiners, twenty assistant examiners, twenty second ^^^^j^^-^-jP^^^^^ 
assistant examiners, one disbursing clerk, one librarian, one|3!i^|3^^' ''■ ^' pp- 
draughtsman, one machinist, four third class clerks, eight sa^j^l^^'g^^pf'el^ 
second class clerks, and one messenger, to be appointed by los^fi" v.' 10,^.96". 
the Commissioner, subject to the approval of the Secretary 97. §§1^3, v?ib,V 
of the Interior. 



3 Mar., 1855, ch. 175, §10, v. 10, p. 670. 
1861, ch. 88, §2, V. 12, pp. 246, 247. 



Sec. 



18 Aug., 1856, ch. 129, §9, v. 11, p. 91. 2 Mar., 



3. The Commissioner may appoint, subject to the A<Mitionai ana 
approval of the Secretary of the Interior, such an addi- pioy^s. 
tional number of principal examiners, assistant examiners, 3Mar., i837,ch. 

^ ^ , ' ' 45,§U,T. 5, p. 194. 

and second assistant examiners, not exceeding four of each ^ Mar., i£6i,ch. 

' o 88, §7, V. 12, p.247, 

class, and as many temporary clerks, watchmen, and labor- ^^^lf^"-'2.^®J'^ 
ers, as the prompt despatch of business and the secui'ity of " 
the ofiice may require, provided the total annual expenses 
of the Patent Office shall not exceed the total annual receipts 



<0 



4 LAW OF PATENTS AND COPYRIGHTS. 

Salaries. Sec. 4. The Salaries of the officers and employes of the 

27 May 1848 ch. Patent Office shall be as follows: 

47, §1, V. 9, p. 231. 

io8^&\"v'io^"'95 ^^ ^^® Commissioner of Patents, four thousand five hun- 

3 Mar., 1853, 'ch'. A^pA Hnllnrq 

97, §§1, 3, T. 10, p. ^"^^a aouars. 

^22 Apr, 1854, cb. Of the examiuers in chief, three thousand dollars each. 

5M§i,2,y. 10, p! Qf ^^^ ^i^jgf ^jgj.j^^ j.^^^ thousand five hundred dollars. 

i75,§25^'v.io,p.674; Of the principal examiners, two thousand five hundred 

2 Mar, 1861. ch. , ,, , 

88, §4, V.12, p.247. dollars each. 

Of the assistant examiners, one thousand eight hundred 
dollars each. 

Of the second assistant examiners, one thousand six hun- 
dred dollars each. 

Of the disbursing clerk, one thousand eight hundred 
dollars. 

Of the librarian, one thousand eight hundred dollars . 

Of the draughtsman and machinist, one thousand six hun- 
dred dollars each. 

Of the third class clerks, one thousand six hundred dol- 
lars each. 

Of the second class clerks, one thousand four hundred 
dollars each . 

Of the messenger, one thousand dollars. 

Of the temporary clerks, not to exceed the rate of ten 
cents per hundred words. 

Of watchmen and laborers, a fair compensation, to be 
fixed by the Commissioner. 

Oath of office. Sec. 5. The officers and employes, before entering upon 



4 July, 1836, ch. their duties, shall each make oath or affirmation to support 

357, §3, V.5, p.118 . ' , . ^*^ 

the Constitution of the United States, and truly and faith- 
fully to execute the trusts committed to them. 

Official bonds. Sbc. 6. The Commissioner, chief clerk, and disbursing 



4 July, 1836, ch- clerk, beforc entering upou their dutics, shall severally give 

357, §3, v.5, p.118. ' . . . . 

31 Aug. ,i852,ch. bonds, with sureties, to the Treasurer of the United States: 

108, §1, v.lO, p.95. ' ' ' 

the former in the sum of ten thousand dollars, and the two 
latter in the sum of five thousand dollars each, conditioned 
for the faithful discharge of their duties, and that they will 
render, to the proper officers of the treasury, a true and 
faithful account of all moneys received by virtue of their 
office. 

Prohibition from gg^. 7, All officcrs and employes, during the period for 

acquinng inter- f J ' o tr 

est in patents, ^yhich they shall hold their appointments, shall be disquali- 
357,^§^',\^5,^p.ii8! fied and interdicted from acquiring or taking, except by in- 



LAW OF PATENTS AND COPYRIGHTS. 

heritance, any right or interest, directly or indirectly, in 
any patent issued by said office. 

Sec. 8. It shall be the duty of the Commissioner, under Duties of commis- 

'' , sioner. 

the direction of the Secretary of the Interior, to superin- ^ j„iy iggg ,.h. 
tend and perform all the duties respecting the granting and357,§i^v'.5^p;ii7. 
issuing of patents for inventions and discoveries, as are *^' ^^' ''■ ^' p- ^^• 
herein provided for, or shall hereafter be, by law, directed 
to be done; and he shall have charge o& all books, records, 
papers, models, machines, and other things belonging to said 
office; and he may send and receive by mail, free of postage, 
letters and packages relating to the business of the office, 
including Patent Office reports. 

Sec. 9. The Commissioner shall cause a seal to be pro- sea of office. 



vided for said office, with siich device as the President may ^ July, isse, ch. 

' ■ _ •' Jay, §4, V. 5, p. 118, 

approve, wherewith all manner of records or papers issued 
from said office, to be used in evidence, shall be authenti- 
cated. 

Sec. 10. It shall be the duty of the chief clerk, under Duties of cWef 

clerk. 



the direction of the Commissioner, to supervise the duties , ^ , ,„_ ^ 

■■■ 4 July, 1836, ch. 

of the other clerks, and to see that they are properly distribu- ^''J'^ |V' i84^^ch' 
ted and faithfully performed ; and he shall, in all cases, during 202.§^.v-5.p-525. 

,1 1 c i.1 n • • 1 xU 4 How., 663, 688- 

the necessary absence or the Commissioner, or when the iwood.&Miu.' 

254 39'* 

office of Commissioner shall become vacant, perform all du- 17 how., 41. 
ties pertaining to the office of Commissioner. 

Sec. 11. The examiners in chief shall be persons of com- Duties of exam- 

!• •r>i"T 1 • iners iu chief. 

petent legal knowledge and scientific ability, whose duty it — - — 
shall be, on the written petition of the applicant, to revise |^^52,v.i2, pp.246, 
and determine upon the validity of adverse decisions of 
examiners both in patent and interference cases, and per- 
form such other duties as may be assigned them ; and they 
shall be governed in their action by rules prescribed by the 
Commissioner. 

Sec. 12. There shall be purchased by the librarian, for the Library. 
use of said office, a library of such scientific works and peri- ,4 iV!?"' ^PSI^^ 

' •' r 357, §19,v.5, p.125. 

odicals, both foreign and American, as shall be calculated to 
aid the officers in the discharge of their duties. 

Sbc. 13. The Commissioner shall cause to be classified and oispiayofmodeig^ 
arranged in rooms or galleries provided for that purpose, ''^^^^-t'^^^'y^^^'-^^ 
suitable cases, the models, specimens of composition, fab- 



6 LAW OF PATENTS AND COPYRIGHTS. 

rics, manufactures, works of art and designs, which have 
been or shall be deposited in said office; and the rooms and 
galleries shall be kept open, and the articles therein subject 
to inspection during suitable hours. 

Annual report. ggc. 14. The Commissiouer shall lay before Congress in 
45\'h' v' 5^^^'i96' J^iT^u^ry of each year a report giving a detailed statement of 
so^ii'^v'iif'iti ^^® expenditures made by him from the Patent Office fund; 
a list of all patents which were granted during the preceding 
year, designating under proper heads the subjects of such 
patents ; an alphabetical list of the patentees, with their 
places of residence ; a list of all patents which have expired 
during the year; and such other information of the condition 
of the Patent Office as may be useful to Congress or the pub- 
lic; and said report, with the plates and drawings necessary to 
illustrate each subject, shall be in one volume, not to exceed 
eight hundred pages. 

Refusal to recog- Sec. 15. For gross misconduct the Commissioner may re- 

nize agent. '-' •' 

~~2Mar 1861 ch! ^^^^ ^° recognize any person as a patent agent, either gene- 
88, §8, V. 12, p. 247. j^^Hy or in any particular case ; but the reasons for such re- 
fusal shall be duly recorded, and be subject to the approval 
of the President. 



CHAPTER 11. 



OF PATENTS. 



Sec. 

16. Issuing, signing, and recording of 

patents. 

17. Contents and grant of patents. 

18. What may be patented. 

19. Designs may be patented. 

20. Foreign patents may be patented. 

21. Description and specification. 

22. Printing papers. 

23. Drawings. 

24. Specimen of ingredients. 

25. Model. 

26. Oath of applicant. 

27. Examination of application. 

28. Date of .patent. 

29. Time to complete application. 

30. Patents may issue to assignees. 

31. Patents may issue to legal repre- 

sentatives. 

32. Second application in lapsed case. 

33. Assignments, grants, and convey- 

ances. 

34. Right of purchaser before patent. 

35. Patented articles to be marked. 

36. False marking; penalty. 

37. Caveats. 

38. Rejected applications. 

39. Restoring models. 

40. Notice of interference. 

41. Affidavits and depositions. 



Sec. 

42. Duty of clerk of court. 

43. Fees and rights of witnesses. 

44. Appeal to examiners in chief. 

45. Appeal to Commissioner. 

46. Appeal to a justice of supreme court 

of District. 

47. When to justice, duty of applicant. 

48. Duty of justice. 

49. Duty of Commissioner. 

50. Refusal to grant Patent. Remedy in 

equity. 

51. Reissues. 

52. Disclaimers. 

53 . Actions cognizable by circuit courts. 

54. Appeal to Supreme Court. 

55. Copies of records. 

56. Proceedings in equity in interference 

cases. 

57. Damages for infringment. 

58. Actions for infringment prior to dis- 

claimer. 

59. Notice of special matter. 

60. Prior knowledge or use in foreign 

country. 

61. Patent Office fees. 

62. Patent Office fees may be paid to 

whom. 

63. Patent Office fund. 



Sec. 16. All patents issued by the Patent Office shall be in issuing, signing, 

n T TT ■ 1 ni n 11 !/• ^""^ recording of 

the name of the U nited States of America, under the seal or patents. 

said office, and shall be signed by the Secretary of the Interior ^^^ J»'y. f^^'m 
and countersigned by the Commissioner, and they shall be io8,f2jv'.9fp!*'395; 
recorded, together with the descriptions, specifications, and 
drawings, in said office, in books to be kept for that purpose. 



Sec. 17. Every patent shall contain a short title or de- 
scription of the invention or discovery, correctly indicating 
its nature and design, and in its terms grant to the appli- 
cant, his heirs, executors, administrators, or assigns, for the 
term of seventeen years, the full and exclusive right to make, 
use and vend the said invention or discovery, referring to 
the specifications for the particulars thereof, a copy of which, 
with the duplicate drawing, shall be annexed to the patent 
and be a part thereof. 

1 Paine, 450. Bald., 314. 3 Story, 614. 2Blatchf.,9. 6 How., 478. 



Contents andgrant 
of patents. 



4 July 
357, §5, 
118,119. 


1836 
V. 5, 


Cll. 

pp. 


3 Mar. 
45, §6, V. 


1837 
5, p. 


Cll. 

195. 



Baldwin, 322. 
4 Oliio, 310. 
7 Pet., 319. 
15 Wend., 395. 

2 McLean, 178. 

3 McLean, 297. 
2 Blatchf., Zi. 
2 Wash., 126. 
Pet. C.C.,341. 



8 LAW OP PATENTS AND COPYRIGHTS. 

What may be pat- Sec. 18. Any person having invented or discovered any 
4 July 1836 ch "®^^' ^^^ usoful art, machine, manufacture or composition of 
357, §§6, 7,v. 5, pp. matter, or any new and useful improvement thei-eof, not 
88^§Tv.'5,^p^354! ^"0^" ^^ ^sed by others in this country, before his inven- 
0^263^^.3^^. sfpp! tioQ ^^ discovery thereof, and not at the time patented or 
sMar., 1861, ch. described in any printed publication in this or any foreign 

88,§ll,v.l2, p.248. , . ,T I •.! t • . ,. 

-j^ — country, nor in public use or on sale with his consent, for 

Pet C. C 341 f >. 7 

400. more than two years prior to his application, or to the ex- 

1 How.,"208. tent of ab&,ndonment, and who shall desire to obtain an ex- 

15 How., 267. 

ioHow.^«6. elusive property therein, may make application therefor in 

2 s*^OT ^'iii^^' writing to the Commissioner, and on due proceedings had, 
i5How.i267. the-ilCommissioner may grant a patent therefor. 

11 How., 265. 14 How., 175. 2 Wall, jr., .360. 3 Sumn., 518. Brightly, 99. 4 McLean, 
180,461. 4 Wash., 52. 1 Blatchf., 248, 463, 494. 1 Wash., 171. 3 Wash., 198. 1 Gall. 439 
479. 2GalI., 53. Pet. C. C, 342. 1 Mass., 476. 7 Wheat., 430. 4 Mass., 7. Bald. 314. 2 
McLean, 178. 5 McLean, 88. 2 Blatchf., 200, 237, 243, 278. 16 Penn., 352. 1 Curt. 293 15 
How., 122. 6McLean, 347, 561. 1 Sumn., 487. 2 Story, 194, 411. 1 Story, 281, 597. 4 How., 
403. 2 Wood. & Miu., 143. 2 Curt., 555. 21 How., 329. 

Designg may be Sec. 19. Any citizeu of the United States, or anv alien 

patented. ^ "^ ' j 

gg'^^ — j^ who has resided therein one year, and taken the oath of his 
543-|4'4^^'''-^'PP- intention to become a citizen, who by his own industry, 
se^jfwl^p.m genius, efforts, and expense, has invented or produced any 

4 McLean, 180. ucw and Original design for a manufacture, bust, statue, 

1 Blatchf., 248. i. t i to i • • i • 

alto relievo, or bass reliei, or any new and original impres- 
sion, ornament, pattern, print or picture, to be placed on 
or worked into any article of manufacture ; or any new and 
original shape or configuration of any such article, the same 
not having been known or used by others before his appli- 
cation for a patent, may also, on like terms and conditions, 
obtain a patent therefor. 

Foreign patents Sbc. 20. No pci'son shall bo debarred from receiving: a 

may be patented. '■ '-' 

4 July 1836 ch Patent for his invention or discovery by reason of his hav- 

j2o,'m/' ^' ^^'ing first patented it in a foreign country ; provided the same 

8ef§^v'^."5^p^3'54!'" shall not have been introduced into public and common use 

5 McLean, 78, 80. iu the United States prior to the application, and that the 

patent shall be limited to seventeen 3'ears from the date or 

publication of the foreign patent. 

Description and Sec. 21. Bcfore any iuveutor or discovcror shall reccivc a 

specification. „,.. . ■,. , iiir«i.iT-« 

patent for his invention or discovery, he shall file m the Patent 

4 July, 1836, ch. J^ _ _ . •" 

357,§6,v. 5, p.119. Office a written description of the same, and of the manner and 
p^c''c^40i process of making, constructing, compounding, and using 

2 Ma88'.',\?8.*™' it, in such full, clear, concise, and exact terms as to enable 
1 pa?ne,207;4^56. any pcrsou skilled in the art or science to which it apper- 
istOT:^285^292. tains, or with which it is most nearly oonnected, to make, 

3 McLean, 260, , , i i j i i • c 

441,444,447. construct, compound, and use the same; and in case of a 



LAW OF PATENTS AND COPYRIGHTS. 9 

machine, he shall explain the principle thereof, and the 2Biatchf.,9. 

..... ' . 3Wood.&Min., 

several modes in which he has contemplated applying thatao, 56. 
principle, so as to disttinguish it from other inventions; and , Jg^jf^'iigf^ 
he shall particularly ptJint out the part, improvement or y^^n'r 363 
combination which he claims as hig. Invention or discovery; |^™*^3i4""'^' 
which description and 'specification shall 'be signed by the astor^'wa' 
inventor and attested by two* witnesses. isilt^f.^.^m 

" t Curt., 2C3. 

Sec. 22. The Commissioner may require all papers filed printing papers. 
tin the Patent Ofiice, if not correctly, legibly, and clearly 2March,i86i,cti. 

1 , / 1 , . • 88, J8, V. 12, p. 247 

written, to be printed, at the cost ot the party filin.g them. 

Sec. 23. The applicant shall also furnish original and DfawSgK; 
duplicate drawings, with written references, when 'the na- 4 juiy, leao.'Vii. 

° . . ' . 357,56, V. 5, p. 119. 

ture of the case admits of drawings: the original, sig-ned 3Mar.,i837, cu. _ 

^ ' ° ' ° 45, 56, V. 5, p. 195. 

by the applicant and attested by two witnesses, to be filed if/iesa. 9 
in the Patent Office, and the duplicate to be attached to the 3 story.'^iis^.''^' 
patent as a part of the specification. 'Hrvt?'* 

Sec. 24. Where the invention or discovery is of a com- specimen of in- 
positiou of matter, the applicant shall furnish specimens of- ^^^ '^° ^' 



,. ifi •• rt> • • •* •'^^y' 1^36, ch. 

ingredients, and 01 the composition, sufficient in quantity 357, 56, v. 5, p. 119. 
for the purpose of experiment. 

Sec. 25. The applicant shall also furnish a model of his Model. 
invention or discovery, in all cases which admit of repre- 4 juiy, i836, cii. 

•^ ' . . . . ^ 357, §6, V. 5, p. 119. 

sentation by model, of a convenient size to exhibit advan- o^^^^-\^^^'^^- 

•^ ' 88, §0, V. 12, p. 247. 

tageously its several parts, but the Commissioner may dis- e how., 485. 
pense with models of designs when the design can be suffi- |o'how!*409. 
ciently represented by drawings. 

Sec. 26. The applicant shall make oath or affirmation that oath of applicant. 
he does verily believe himself to be the original and first 4 juiy, isse, ch. 

,. J, , , . „ 357, §6, V. 5, p. 119. 

inventor or discoverer 01 the art, machine, manufacture, 29 Aug., 1842, ch. 

. 263, §4, V. 5, p. 544. 

composition, design, or improvement for which he solicits -Ye^JTlas — 
a patent; that he does not know or believe that the same iMer^f" 
was ever before known or used; and of what country he is 
a citizen; which oath or affirmation may be made before any 
person within the United States authorized by law to ad- 
minister oaths; or when the applicant resides in a foreign 
country, before any minister plenipotentiary, charge d'af- 
faires, consul, or commercial agent, holding commission 
under the government of the United States, or before any 
notary public of the foreign country in which the applicant 
may be. ' 

2 




10 LAW OF PATENTS AND COPYRIGHTS. 

^T""iU!ation "^ ^^^' ^"^^ ^^ ^^^ filing of any such application, and paj'- 

4 July, 1836, ch. ^^^^ ^^ ^^^ ^^^J required by law, the Commissioner shall 

357, §7, V.5, pp. 119, cause an examination to be made of the alleged new in- 

52 PeCle! vention or discovery; and if on such examination it shall 

SBlntchf., 34. J.1 1. J.1 1 • i^ • • ,1 ,•,,•, 

1 Wall, jr., 349 appear that the claimant is lustly entitled to a patent under 

1 Blatchf., 509. ,, , i .i ^ ^i .-..,, 

tne law, and that the same is sufEciently useful and import- 
ant, the Commissioner shall issue a patent therefor. 

Date of patent. Sec 28. Evcry patent shall date as of a day not later 

357,"^§8,^'v^T'pp. *'^^^'^ ^^^ months after the time at which it was granted, and 

^ 3 Mai"., 1863, ch. notice thereof was sent to the applicant or his agent; and 

^■^^'^'^^^' whenever the applicant requests it, the patent shall date 

from the time of filing the specification and drawings, if 

not more than six months prior to the actual issuing of the 

patent. 

Time to complete Sec. 29. All appHcatious for patents shall be completed 

applicatiomj. ^ "^ '■ ^ 

-—- — . ,o., u ^"d prepared for examination within two years after the 

2Marcl),1861,ch. * '■ 

l%^2ii ''■ ^^' ^^' fili'^g of the petition, and in default thereof they shall be 
regarded as abandoned by the parties thereto, unless it be 
shown, to the satisfaction of the Commissioner, that such 
delay was unavoidable. 

Patents may issue Sec. 30. Pateuts may bo granted and issued to the as- 

to assignees. ^ ^ . 

-—r, — ^ ,oo, . signee of the inventor or discoverer, the assignment thereof 

3 March, 1837, ch. ° . 

45, ^6, V. 5, p. 195. being first entered of record in the Patent Office; but in 
J ^'"'''o.'^:; ^"'*- such case the application shall be made and the specifica- 

6Cra.,327. ^^ ^ 

1 Gall., 430 tions SAVorn to by the inventor or discoverer. 

4 now., 000. •' 
10 How., 493. 

Patents may issue Sec. 31. Whcro any porsou has made an}^ new invention 

to legal repre- 
sentatives, or discovery, for which a patent might have been granted, 

s.^'t'^s'io^v^s'^^' ^^'^ such person shall die before a patent is granted, the 
^^'' right of applying for and obtaining the patent shall devolve 

on his executor or administrator, in trust for the heirs-at- 
law of the deceased, in case he shall have died intestate; 
but if otherwise, then in trust for his devisees, in as full and 
ample manner, and on the same terms and conditions as the 
same might have been claimed or enjoyed by him in his life- 
time, and when the application shall be made by such legal 
representatives, the oath or affirmation required to be made 
shall be so varied as to be applicable to tiiem. 

Second appiica- Sec. 32. Any person having an interest in an invention 

lion in lapsed case. 

or discovery, whether as inventor, discoverer, or assignee, 

25 June, 1864, ch. •" '. i 

159, §i,v. 13, p. 194. for which a patent was ordered to issue upon the payment 
ii2,§rv'.i3,p.'533'. of the final fee, but who has failed to make payment thereof, 



LAW OF PATENTS AND COPYRIGHTS. 11 

shall have a right to make an application for a patent for 
such invention or discovery the same as in the case of an 
original application, provided the second application be 
made within two years after the allowance of the original 
application. But no person who has used any such inven- 
tion or discovery shall be held responsible in damages for 
any use thereof before the issue of the patent. 

Sec. 33. Every patent shall be assignable in law either Assignm'ts.grants, 
as to the whole interest or any part thereof, by an instru- conveyanceB. 

... ,,4 July, 1836, ch. 

ment in writing; and the patentee or his assigns or legal 357, §ii,v.5,p.i2i. 

representatives may, in like manner, grant and convey an ^■^^^^f''^Qi% 

exclusive right under his patent, to the whole or any speci- iJ^o^^^^^gf^' 

fied part of the United States; which assignment, grant, or Jg how!'. 2^4*.' 

conveyance shall be recorded in the Patent Office within eBiatehf.^'aoo. 

three months from the date thereof, otherwise it shall be 3 story! 131'. 

void as against any subsequent purchaser or mortgagee for issarii., s.' c. 

a valuable consideration, without notice. 19 How., 221. 

' 17 How., 451. 

Sec. 34. Every person having purchased or constructed Right of purchas- 

, . , J ,. , , . ,, . , , era before patent. 

any newly invented or discovered macbme or other patent 

11 -1 • 1 T • 1 1 • T 3 Mar., 1839, ch 

able article prior to the application by the inventor or dis-88,§7,v.5,p.354. 
coverer for a patent, shall have the right to use, and vend fHow^208^*' 
to others to be used, the specific thing so made or purchased, ^ curt." .555' 
without liability therefor ; and no patent shall be invalid by ?wood&*'Min. 
reason of such purchase, sale, or use prior to the application ^''21 how., 330. 

n , , , r r u J j-Ti.!* 1 Blatehf., 250, 

tor a patent, except on proor ot abandonment 01 the inven- swaii.jr.,— . 
tion or discovery to the public, or that the purchase, sale, 
or prior use has been for more than two years before such 
application. 

Sec. 35. It shall be the duty of all patentees and their Patented articles 

111 • 1 p 11 to be marked. 

assigns and legal representatives, and or all persons making 

or vending any patented article for or under them, to givers, §13, v.Hp.W 
sufficient notice to the public that the same is patented, 
either by fixing thereon the word "patented," together 
with the day and year the patent was granted, or when, from 
the character of the article, this cannot be done, by fixing 
to it, or to the package wherein one or more of them is en- 
closed, a label containing the like notice ; and in any suit 
for infringement, by the party failing so to mark, no damage 
shall be recovered by the plaintiff, except on proof that the 
defendant was duly notified of the plaintiff's patent, and con- 
tinued, after such notice, to make or vend the article so 
patented. 



12 LAW OF PATENTS AND COPYRIGHTS. 

False marking; Sec. 36. If anj persoii shall, in any manner, mark upon 
29Ang 1842 ch f^^ytl^^iig made, used, or sold by him for which he has not 

263,§5,v.5,p.544. obtained a patent, the name or any imitation of the name 
"■' ■ of any person who has obtained a patent therefor, without 
the consent of such patentee or his assigns or legal repre- 
sentatives ; or if any person shall in any manner affix the 
word "patent" or "patentee" or the words "letters pat- 
ent," or any word of like import, upon any such patented 
article, with intent to imitate or counterfeit the mark or de- 
vice of the patentee, without having the license or consent of 
such patentee or his assigns or legal representatives; or if 
any person shall in any manner mark upon any unpatented 
article the word "patent" or any word importing that the 
same is patented, for the purpose of deceiving the public, 
in either case he shall be liable for such oifence to a penalty 
of not less than one hundred dollars, with costs, the one 
moiety thereof to the person who shall sue for the same, 
and the other to the Patent Office fund, to be recovered 
by action in any court of competent jurisdiction. 

^^y^"'^- Sec. 37. Any citizen of the United States, or alien ve- 

357/§§8' issVsi siding therein one year next preceding, having made oath of 
'''iJMar.lieei, ch. his intention to become a citizen, who shall have made any 

'"' ~'^' 'new invention or discovery, and shall desire further time to 



6 McLean, 304. .it . i i i 

18H0W. pr., 9. mature the same, on paying the duty required by law, may 
file in the Patent Office a caveat setting forth the design 
thereof, and its distinguishing characteristics, and praying 
protection of his right until he shall have matured his in- 
vention ; and such caveat shall be filed in the confidential 
archives of the office and preserved in secrecy, and shall be 
operative for the term of one year from the filing thereof ; 
and if application shall be made within the year by any 
other person for a patent with which such caveat would in 
any manner interfere, the Commissioner shall deposit the 
description, specification, drawings and model of such ap- 
plication in like manner in the confidential archives of the 
office, and give notice thereof, by mail, to the person filing 
the caveat, who, within three months — to be computed 
from the time of placing the notice in the post office at 
Washington, with the usual time required for transmitting 
it to the caveator added thereto — shall file his description, 
specification, drawings, and model, if he would avail him- 
self of his caveat. 



LAW OF PATENTS AND COPYRIGHTS. 13 

Sec. 38. Whenever on examination any claim for a pat- Rejected appiica- 

•' '■ . tions. 

ent shall be rejected for any reason whatever, the Commis- 4 ju,y 1336, ^h. 
sioner shall notify the applicant thereof, giving him briefly 357, ir.^v. 5, pp. 
the reasons for such rejection, together with such informa- 
tion and references as may be useful in judging of the pro- 
priety of renewing his application or of altering his specifi- 
cation; and if after receiving such notice the applicant shall 
persist in his claim for a patent, which he may do, either 
with or without altering his specifications, the Commissioner 
shall order a re-examination of the case. 

Sec. 39. The Commissioner may restore to the respective Restoring models. 
applicants, if demanded within one year from the time of 2Mar.,i86i, r-.h. 
final rejection^ such of the models belonging to rejected ' ^•^' ■^' 
applications for patents as he shall not think necessary to 
be preserved, and if not so demanded, he may sell or 
otherwise dispose of them, adding the proceeds to the 
Patent Office fund. 

Sec. 40. Whenever an application shall be made for a Notice of interfer. 
patent, which, in the opinion of the Commissioner, would "^-^ 

7 , p • . , ,: , . . . , 4 July, 1836, ch. 

mterxere with any pending application, or with any unex- 357, §8, v. 5, pp. 
pired patent, or with any caveat on file in the office, he 
shall give notice thereof to the applicant, or patentee, as 
the case may be. 

Sec. 41. The Commissioner may establish rules for taking Affidavits and de- 
affidavits and depositions required in cases pending in the — ^°^' "'°^' — 
Patent Office, and such affidavits and depositions may be 88,§i2, v'.s.p.'sss! 

'^ ■' 2 Mar., 1861, ch. 

taken before any officer authorized by law to take deposi- 88,§i,v. i2,p.246. 
tions to be used in the courts of the United States, or of 
the State where the officer resides. 

Sec. 42. In any contested case pending in the Patent Duty of cierk of 
Office, upon the application of a party thereto, or his agent '■ 

, ,1 r P,TT-ir^ 2 Mar., 1861, ch. 

or attorney, the clerk 01 any court or the United States, 88, §1, v. 12, p. 246. 
for any district or territory wherein the testimony is to be 
taken, shall issue subpoena for any witness residing or being 
within said district or territory, commanding him to appear 
and testify before any officer authorized to take depositions 
and affidavits, at any time and place in the subpoena stated; 
and if any witness, after being duly served with such sub- 
poena, shall neglect or refuse to appear, or after appearing 
shall refuse to testify, such neglect or refusal being proved 
to the satisfaction of the judge of the court whose clerk ' 
issued the subpoena, he may enforce obedience to the 
process, or punish the disobedience as in other like cases. 



14 LA.W OF PATENTS AND COPYRIGHTS 

Fees and rights of Sec. 43. Everv witncss duly subpoenaed and in attend- 

witnesses. 

o Mar., 1861, ch, <J'iice shall be allowed the same fees as are allowed to wit- 
88,§i,v.i2,p.246.j^ggggg attending the coiirts of the United States, but do 
witness shall be required to attend at any place more than 
forty miles from the place where the subpoena is served 
upon him, nor be deemed guilty of contempt for disobey- 
ing such subpoena, unless his fe^s and traveling expenses 
in going to, returning from, and one day's attendance at 
the place of examination, shall be paid or tendered him at 
the time of the service of the subpoena ; nor for refusing 
to disclose any secret invention or discovery made or 
owned by himself. 

Appeal to exami- Sec. 44. Auy applicant, patentee, or caveator, party 
'— to a reiected claim, reissue, or interference case, if he is 

•2 Mar., 1861, ch. . . •' . ' . / 

88,§2,v.]2,p. 247. dissatisfied with the decision of the examiners thereon, 

27 June, 1866, eh. 

143^1 1, V.14, pp. may, on payment of the duty required by law, appeal to the 
45^^'*v'5^?!'i93'^°^^^ ^^ examiners in chief 



Appeal to Com- Sec. 45. If such party is dissatisfied with the decision of 

missioncr. , ..,.„, c ^ ^ 

the examiners in chier, he may, on payment oi the duty 

2 Mar., 1861, ch. _ ' Ji f J , J 

88, §2, V. 12, p.247. required by law, appeal to the Commissioner in person. 
Appeal to justiceof Sec. 46. If such party is dissatisfied with the decision of 

supreme court ,_, .. , ,,._.. 

of District. the Commissioner, he may appeal to the chiet justice, or 
88^ viTo' iPVs' ^^y^ *^"® of the associate justices of the supreme court of 
''4 Aui!i852,ch'. the District of Columbia. 

107,§l,v.'l0, p.'75. 

When to Justice; Sec. 47. When, iu reiectcd claim, reissue, or interfer- 

duty of appellant, i . , ,,.„.. 

; — TzzTT ence cases, an appeal is taken to the chier lustice or either 

3 Mar., 1839, ch. ' _ ^ f^ _ •> 

354 y^s ^'^' "^^^ of the associate justices of the supreme court of the Dis- 
trict of Columbia, the appellant shall give notice thereof 
to the Commissioner, and file in the Patent Office, within 
such time as the Commissioner shall appoint, his reasons 
of appeal, specifically set forth in writing. 

Duty of justice. Sec. 48. It shall be the duty of such chief or associate 
3 Mar, 1839, ch. justice, ou petition, to hear and determine such appeal, 
3^30 An 1852 cb ^"^^ *° rcview the decision appealed from in a summary 
707, §§1, 2, V. 10, p. ^g^y^ on the evidence produced, at such early and conveni- 
ent time as he may appoint, notifying the Commissioner of 
the time and place of hearing; and the review shall be con- 
fined to the points set forth in the reasons of appeal. And 
after hearing the case, he shall return all the papers to the 
Commissioner, with a certificate of his proceedings and de- 
cision, which shall be entered of record in the Patent Office, 



LAW OP PATENTS AND COPYRIGHTS. 15 

and govern the further proceedings in the case. But no 
opinion or decision of the justice in any such case shall 
preclude any person interested from the right to contest 
the validity of such patent in any judicial court wherein 
the same may be called in question. 

Sec. 49. On receiving notice of the time and place of Duty of commis- 
sioner, 
hearing such appeal, the Commissioner shall notify all 3 Mar TssnT 

parties who appear to be interested therein, in such man-^|^y^' ^- 5- pp- 
ner as the justice may prescribe. He shall also lay before 
the justice all the original papers and evidence in the case, 
together with the grounds of his decision, fully set forth 
in writing, touching all the points involved by the reasons 
of appeal. And at the request of any party interested, or 
on the order of the justice, the Commissioner and the ex- 
aminers may be examined under oath, in explanation of the 
principles of the machine or other thing for which a patent 
is demanded. 

Sec . 50. Whenever a patent on application shall have Refusal to grant 

patent; remedy 

been refused, for any reason whatever, either by the Com- "^ equity, 
missioner or by a justice of the supreme court of the ^^^ July, ^i83|,cii. 
District of Columbia upon appeal from the Commissioner, ^^I'/j^r' jggg ch 
the applicant may have remedy by bill in equity in the^^' ^^"'"^''^'P'^^- 
supreme court of the District of Columbia; and the court, 
on notice to adverse parties and other due proceedings had, 
may adjudge that such applicant is entitled, according 
to law, to receive a patent for his invention, as specified 
in his claim, or for any part thereof, as the facts in the 
case shall appear. And such adjudication, if it be in favor 
of the right of the applicant, shall authorize the Commis- 
sioner to issue such patent, on the applicant filing in the 
Patent Office a copy of the adjudication, and otherwise 
complying with the requisitions of law. And in all cases 
where thei'e is no opposing party a copy of the bill shall 
be served on the Commissioner, and all the costs of the 
proceeding shall be paid by the applicant, whether the final 
decision is in his favor or not. 

Sec. 51. Whenever any patent shall be inoperative or Reissues. 



invalid, b}' reason of a defective or insufiicient description 4 juiy, isae, cii. 

.^ . 1 p , , . . 357, §13, v.5,p.l22. 

or specmcation, or by reason or the patentee claiming: as 3 Mar., 1837, eh. 

. . , . ^ * 45, §8, V. 5, p. 193. 

his own invention or discovery more than he had a right to ^^^^^^^ 

claim, if the error has arisen by inadvertency, accident, or j/peV %^ 
mistake, and without any fraudulent or deceptive intention, 3 ftory,' 744.'753. 



16 LAW OF PATENTS AND COPYRIGUTS. 

isumn., 488. the Commissioiier shall, on the surrender of such patent. 

4 How., 402, 688. . ' f > 

15 How., 112, 220. cause a new patent for the same invention to be issued to 

17 How., 83. '^ 

^^3Wood.&MiD..the patentee, or, in case of his death or assignment of any 

262,To2?'*''^*"°''P^''^ *^f ^^® original patent, to his executors, administra- 

amodl'&Mi'n.. tors or assigns, for the unexpired part of the term of the 

2'waii,jr.. 102. Original patent. And the specification of claim in every 

176. ^ "^ ® "' ' such case shall be subject to revision and restriction, in the 

5 McLean, 166. . . , ... « i , i 

iicu9h.,57i. same manner as original applications are. And the patent 
so reissued, together with the corrected description and 
specification, shall have the same eifect and operation in 
law, on the trial of all actions for causes thereafter arising, 
as though the same had been originally filed in such cor- 
rected form. 

Disclaimers. Sec. 52. Wheuevcr any patentee shall have, through in- 

3 Mar., 1837, ch. advertency, accident or mistake, and without any fraudulent 
193,194.' ' ' 'or deceptive intention, claimed more than that of which he 

rstor^^i»4 600 ^^^ ^^® original or first inventor or discoverer, his patent 
449 ^<=^^''"' ^^^' shall be valid for all that part which is truly and justly his 
5 Denio!' 3'ia ■ owH, provided the same is a material or substantial part of 
^i^iatehf.t'245,' the thing patented; and any such patentee, his executors, 
^^3'Biatchf., 199. administratoi's and assigns, whether of the whole or any 
14 How., 221. ■ sectional interest therein, on payment of the duty required 
i9How.",'i66.' bylaw, may make disclaimer of such parts of the thing 
patented as he shall not claim to hold by virtue of the pat- 
ent or assignment, stating therein the extent of his interest 
in such patent; which disclaimer shall be in writing, attest- 
ed by one or more witnesses, and recorded in the Patent 
Office, and it shall thereafter be considered as part of the 
original specification to the extent of the interest possessed 
by the disclaimant and by those claiming under him after 
the record thereof. But no such disclaimer shall affect any 
action pending at the time of its being filed, except so far 
as may relate to the question of unreasonable neglect or 
delay in filing it. 

Actions cognizable Sec. 53. All actious and suits arising under the patent 
by circuit courts. ^^^^^^ ^^ ^^^^ Qnited Statcs shall be originally cognizable, as 

4 July, 1836, ch. , . , . 

357,§L7,v.5,p.i24. ^g^ jjj equlty as at law, whether civil or penal in their na- 

6 era!? m"^"' ture, by the circuit courts of the United States, or any dis- 
4 Mass.',M' trict court having the jurisdiction of a circuit court, and the 
2 pahfe;'246*' court shall havc power, upon bill in equity, filed by any 

1 Wood. & MiD., 



37. oartv as:s;rieved, to grant iniunctions to prevent the viola 

630. tion of any right secured by patent, on such terras as the 



1 Blatchf., 486, 
30. 
3 Corns., 14. 

4oSarne,m court may deem reasonable. 

20 How., 56, 215. 7 John., 144. 8 Page, 134. 16 Conn., 414. 



LAW OP PATENTS AND COPYRIGHTS. 17 

Skc. 54. A writ of error or appeal to the Supreme Court Appeal to the su- 
ot the United States shall lie from all judgments and ^q. -i::^]^LS^:^lL^ 
crees of any circuit court in any suit touching patent rights ^s'.fefp'm: 
originally commenced therein, without regard to the sum or f^^^-^'^- 
value in controversy. iji>^_K3i^___^ 

1 Blatchf., 544. 
Bo.v.%b''"'- '" ''°"- ''•'■ '''• ^5 How., 465, 557. 16 How., 103. 20 How., 56, 204. 14 ' ''''^•' '''■ 

Sec. 55. Copies of any records, books, papers, or draw-cop..of ...a. 
ngs belonging to the Patent Office, and printed copies of TTi^;:!^!^ 
letters patent under the signature of the Commissioner, with ''I'l'arM'lt' 
the seal of office affixed,' shall be competent evidence in ^U '!:1^!:::^!:£^ 
cases wherein the originals could be evidence, and any per- sSht'i?- 
son making application therefor, and paying the fee required ' woodl'Min., 
by law, shall have certified copies thereof. ^''Ji how., 583 

9 Wend., 44. 

Sec. 56. Whenever there shall be two interfering patents Proceedings m 
any person interested in any such patents, either by assign- lernLlasef ' 
ment or otherwise, may have remedy by bill in equity; and ■» J«iy, isse, ch. 
the court having cognizance thereof, on notice to adverse ^^^;l24: "• ^' ^P' 
parties, and other due proceedings had, may adjudge and 
declare either of the patents void in whole or in part, or 
inoperative, or invalid in any particular part of the United 
States, according to the interest of the parties in the pat- 
ent or the invention patented. But no such judgment or 
adjudication shall affect the rights of any person except the 
parties to the suit and those deriving title under them subse- 
quent to the rendition of such judgment. 

Sec. 57. Whenever in any action for the infringement of Damages for u. 
a patent, a verdict shall be rendered for the plaintiff, the -J2^E!I!^^^^^_ 
court may enter judgment by way of penalty, according to357.KS^: 
the circumstances of the case, for any sum above t^-e amount ~^^^^^^^^^^ 
found by the verdict as the actual damages sustained, not ilSF^"' 
exceeding three times the amount thereof, together with m^""'''^'**'"- 

costs. 2 Blatebf., 38 

201, 494. 
1 Blatchf., 245, 406. 1 Wall, jr., 166. 16 How., 489. 15 How., 559. 23 How., 488. 

Sec. 58. Every patentee, his executors, administrators, Action. f„.. m. 
and assigns, whether of the whole or any sectional interest to'SXr"'" 
in the pacent, may maintain a suit at law or in equity for 3 Ma,-., 1837,^ 
any uifrinj^ement of said patent, notwithstanding the speci-^^Sw 
fications may embrace more than that of which the patentee l^^y!'^!''' 
was the original or first inventor or discoverer. But in i bIS^'.""' 
every such case in which a judgment or decree shall be ren- ^^^fi^f ' 
dered for the plaintiff, no costs shall be recovered unless the ^ "°-': 38?: 

O ''"^ 5 Denio, 318. 



3 



18 LAW OF PATENTS AND COPYRIGHTS. 

proper disclaimer has been entered at the Patent Office be- 
fore the commencement of the suit, and without unreason- 
able neglect or delay. 



Notice of special Sec. 59. In any action for infringement the defendant may 
plead the general issue, and having given notice in writino; 

4 July, 1836, ch. ' _ ° _ , ' . „ 

^^sMa^r^^s^'ch ^° ^^^® plaintiff or his attorney, thirty days before, may prove 
88, §7, V. 5, p. 354. q,^ trisl any one or more of the following special matters : 

7 wheSj; 469.' First. That for the manifest purpose of deceiving the 
37!, 525^*^"°' "^' public the description and specification filed by the patentee 

4Wasir.,74,76o. in the Patent Office was made to co'ntain less than the whole 

14 Pet 459 

1 Wall,' jr., 195. truth relative to his invention or discovery, or more than is 

1 Blatehf., 370. 1 i • i «. 

14 How., 222. necessary to produce the desired ettect : or. 

15 How., 110, J r 1 ■ 

141. Second. That he had surreptitiously or unjustly obtained 

?'*„?°";;.%., the patent for that which was in fact invented by another, 

1 Blatehf., 597. ^ •' ' 

i7'^ow''V^' ^^^'° ^'^'^^ using reasonable diligence in adapting and perfect- 

2 Story, 441'. jj^g f^jg ^^^q . qj.^ 

Third. That he was an alien at the time his patent was 
granted, and had neglected for the space of eighteen months 
from its date to put and continue on sale to the public, on 
reasonable terms, his invention or discovery ; or. 

Fourth. That it had been described in some printed pub- 
lication prior to his supposed invention or discovery there- 
of ; or. 

Fifth. That he was not the original and first inventor or 
discoverer of the whole or of any material and substantial 
part of the thing patented ; or, 

Sixth. That it had been in public use or on sale in this 
country, with his consent, for more than two years before his 
application for a patent, or had been abandoned to the public. 

And in notices as to proof of previous invention, knowl- 
edge, or use of the thing patented, the defendant shall 
state the names and residences of the persons alleged to 
have had the prior knowledge thereof, and where and by 
whom it had been used ; and on satisfactory proof of any 
one or more of the special matters alleged, judgment shall 
be rendered for the defendant, with costs. 

pii<.r knowledge Sec. GO. Wheucver it shall satisfactorily appear that the 
country. patentee, at the time of making his application for the pat- 



4 July, 1836, eh. en t, bcUeved himself to be the original and first inventor or 
• — '■ — ' " ' ' — discoverer of the thing patented, the same shall not be held 

5 McLean, 61. ... 

6McLean,3i3. to bc void OM accouut of the invention or discovery of the 
thing patented or any part thereof having been before known 
or used in a foreign country if it had not before been pat- 
ented or described in a printed publication. 



LAW OF PATENTS AND COPYEIGHTS. 19 

Sec. 61. The following shall be the rates for Patent OflSce Patent office fees. 

fees • 2 Mar., 1861, ch. 

88,510,v.l2,p.248. 

On filing each original application for a patent, fifteen ^j^27^J™«' ^i^ee, 
dollars. pp. 76, 77. ' "'' 

On issuing each original patent, twenty dollars. 

On filing each caveat, ten dollars. 

On every appeal from the primary examiners to the ex- 
aminers in chief, ten dollars. 

On every appeal from the examiners in chief to the Com- 
missioner, twenty dollars. 

On every application for the reissue of a patent, thirty 
dollars. 

On filing each disclaimer, ten dollars. 

For certified copies of patents and other papers, ten 
cents per hundred words. 

For recording every assignment, agreement, power of 
attorney, or other paper, of three hundred words or under, 
one dollar; of over three hundred and under one thousand 
words, two dollars; of over one thousand words, three 
dollars . 

For copies of drawings, the reasonable cost of making 
them. 

Sec. 62. Patent Office fees may be paid to the Commis- Patent office fees, 
sioner, or to the Treasurer or any of the assistant treasurers whom, 
of the United States, or to any of the designated deposi- 6 Aug., i846, ct 

' ;' . 90, § 15, V. 9, p. 62- 

taries, national banks, or receivers of public moneys, de- 
signated by the Secretary of the Treasury for that pur- 
pose, who shall give the depositor a receipt or certificate of 
deposit therefor. 

Sec. 63. All moneys paid as Patent OflSce fees shall be Patent office fund, 
appropriated to a fund to be known as the Patent Ofiice 3 Mar., 1837, ch. 

. 45, §14, V. 5, pp. 

fund, to be used for the payment of the salaries of the is^, 195. 
ofiicers and employes, and all other expenses of the Patent 
Ofiice, and for such other purposes as may be specially pro- 
vided by law. 



CHAPTEE III. 



OF COPYRIGHTS. 



Sec 




Sec 


64. 


Patent Office to have charge of 
copyrights. 


75. 


65. 


What may be copyrighted. 


76. 


66. 


Term of copyright. 


77. 


67. 


Extension of copyright. 


78. 


68. 


Assignment of copyright to be 


79. 




recorded. 


80. 


59. 


Recording copyrights ; duty ot 
applicant. 


81. 


70. 


Recording copyrights ; duty oi 


82. 




clerk. 


83. 


71. 


List of copyrights to Interior De- 






partment. 


84. 


72. 


Fees of clerk. 


85. 


73. 


Library of Congress to have copy- 


86. 




right articles. 


87. 


74. 


Penalty for not delivering. 


88. 



May be sent to library by mail 

free. 
Duty of postmaster in regard to. 
Notice of copyright. 
Penalty for false notice. 
Infringement of copyright book. 
Infringement of copyright map, &c. 
Infringement of copyright dramatic 

composition. 
Infringement of manuscripts. 
Foreign works may be printed or 

imported. 
Limitation of time of action. 
Pleading. 

Actions cognizable by circuit court. 
Appeals to Supreme Court. 
Full costs to be allowed. 



Patent Office to SECTION 64. All records and other things relating to copj- 

have charge of. ., , tiiii i 

copyrights. rights, and required by law to be preserved, shall be under 
5 Feb., 18.59, ch" the control of the Department of the Interior, and kept and 
380,381.^' ' ^ preserved in that division known as the Patent Office; and 
the Commissioner of Patents shall have the immediate care 
and supervision thereof, and, under the Secretary of the In- 
terior, shall perform all acts and duties required b}' law 
touching copyrights. 



What may be 
copyrighted. 

3 Feb., 1831, ch. 
16, §1, V. 4, p. 436. 

3 Mar., 1865, ch. 
126, §1, V.13, p.540. 

18Aug.,1856,ch. 
169, § 1, V. 11, pp. 
138,139. 

8 Pet., 662. 
14 How., 530. 
HopIt.,Ch.,351. 
1 Blatcbf., 625. 
1 Story, 17. 

3 Story, r?8. 

4 McLean, 316, 
517. 



Sec. 65. Any citizen of the United States, or resident 
therein, who shall be the author, inventor, or designer of 
any book, map, chart, dramatic or musical composition, en- 
graving, cut, print, or photograph, and his executors, ad- 
ministrators, or assigns, shall have the sole liberty of print- 
ing, reprinting, publishing, and vending the same; and in 
the case of a dramatic composition, of publicly performing 
or representing it, or causing it to be performed or repre- 
sented by others. 

5 McLean, 37. 2 Wood. & Min. , 46. 2 Blatchf., 46, 170, 366. 2 Paine, 383. 



Term of copyright, Sec. 66. All Copyrights shall be granted for the term of 
-.^^.^"^-.^^'■^h"^- twenty-eight vears from the time of recording the title 

16, § 1, V. 4, p. 436. ./ o ., o 

thereof, in the manner hereinafter directed. 



LAW OF PATENTS AND COPYRIGHTS. 21 

Sec. 67. The author, inventor or designer, if lie be still Extensionof copy- 
living and a citizen of the United States or resident therein, 3Peb i83i ch 
or his widow, or children, if he be dead, shall have the same^^^^5|. ^■''•^'Pp- 
exclusive right continued for the further term of fourteen 2 wood.&Min., 

42 

years, upon recording the title of the work so secured a 8Pet.,663. 
second time, and complying with all other regulations in 
regard to original copyrights, within six months before the 
expiration of the first term. And such person shall, within 
two months from the date of said renewal, cause a copy of 
the record thereof to be published in one or more newspa- 
pers, printed in the United States, for the space of four 
weeks. 

Sec. 68, All copyrights shall be assignable in law, by an Assignment of 

^ •' "^ "^ ' .< copyrights to be 

instrument of writing, and proved or acknowledged in such fecorded. 
manner as deeds for the conveyance of land are required by ]^57°/{'°^'/_®p^^^; 
law to be proved or acknowledged in the same State or dis- swend^lesT^ 
trict, and shall be recorded in the oflSce where the original 42, 510?° ' 
copyright is recorded; and every such instrument not so spet., eei'. 
proved or acknowledged and recorded, within sixty days 
after its execution, shall be void, as against any subsequent 
purchaser or mortgagee for a valuable consideration, with- 
out notice. 

Sec. 69. No person shall be entitled to a copyright unless Recording copy- 

iT-i • • t ft rights ; duty of 

he shall, before publication, deposit a printed copy of the applicant.. 

title of the book or other article, for which he desires a jg^c*'/''^']^^^^.^- 



copyright,* in the clerk's office of the district court of the oBiatciif 83 
district wherein the proprietor resides, and within three 5 McLean', ^l 
months thereafter cause to be delivered a copy of such copy- 
right book or other article to said clerk. 

Sec. 70. It shall be the duty of the clerk of the court to Recording copy- 
record the name of such copyright book or other article, cierk.' 

forthwith, in a book to be kept for that purpose, in the »Feb., i83i,ch. 
. . . . . 16, § 4, V. 4, p. 437. 
words following: "District of , to wit: Be it remem- 
bered, that on the day of , anno Domini , A 



B, of the said district, hath deposited in this office the title 
of a book, (map, chart, or otherwise, as the case may be,) 
the title of which is in the words following, to wit : (here 
insert the title,) the right whereof he claims as author, 
(or proprietor, as the case may be,) in conformity with the 
laws of the United States respecting copyrights. C. D,, 
clerk of the court.'' And he shall give a copy of the title, 
under the seal of the court, to said proprietor, whenever he 
shall require it. 



22 LAW OF PATENTS AND COPYRIGHTS. 

List of copyrights Seo. 71. The Said clerk shall, once in each year, trans- 

to Interior De- . . . p , . f • 

partment. mit a Certified transcript of his records of copyright, with 
i6^5^/''v' 4^^^'437' ^'■^ *^® several copyright books or other articles deposited 
in his oflBce, to the Secretary of the Interior, to be pre- 
served in his Department. 

Fees of clerk. Sbc. 72. For recording the title of any copyright book' 
3 Feb., 1831, ch. or other article, the clerk of the court shall receive from 

16, §4, V. 4, p. 437. \ 

liiiT^'^i^S^'^^^ P®''^*^^ claiming the same, fifty cents; and for every 
8o^!f vNo.^p^iea copy? under seal, actually given to such person or his as- 
signs, fifty cents; ^nd for recording any instrument of writ- 
ing for the assignment of a copyright, fifteen cents for 
every one hundred words, and for every copy thereof, ten 
cents for every one hundred words. 

Library of Con- Sec. 73. It shall bo tho duty of cvcry proprietor of any 
copyright ar- copyright book or other article to deliver to the library of 

tlClBSt 

3 Mar 1865 ch Congrcss at Washiugtou, within one month after its publi- 
540, M^i.^'^'^^' ^^' cation, a complete printed copy thereof, and a copy of every 
43^^§i[^v.'up!^'395'. subsequent edition wherein any changes shall be made. 

Penalty for not de- Sec. 74. lu default of such delivery, such proprietor 

livering. , 

,„,^ ^ shall be liable to a penalty of twenty-five dollars, to be col- 

18 Feb., 1867, ch. . . 

43,§i,v.i4, p.395. jg(;t,g(j by the librarian of Congress, in the name of the 
United States, in any district or circuit court of the United 
States within the jurisdiction of which the delinquent may 
reside or be found. 

May bo sent to li- Sec. 75. Any such copyright book or other article may 
brajy by mai ^^ ^^^^ ^^ ^^^ librarian of Congress by mail, free of post- 
is Feb., i867,ch. age, provided the words "copyright matter" are plainly 

43, 5.2, V. 14, p. 395. °.' ^ . , - -V P , 1 . . 

written or printed on the outside oi the package containing 
the same. 

Duty of postmas- Sec. 76. It shall be the duty of the postmaster to give 
~ — - a receipt for such package if requested, and when delivered 

18 Feb., 1867, ch. ^ f o n ) 

43,§2, v.i4, p.395. to him to sec that it is safely forwarded to its destination 
without cost to the proprietor. 

Notice of copy- Sec. 77. No pcrsou shall maintain an action for the in- 
'- fringement of his copyright unless he shall give notice thereof 

3 Feb., 1831, ch. .^ . . , , . _ 

i6,§5,v. 4, p. 437. by inserting in the several copies of every edition published, 

iBiatchf.,620. qj^ ^^iQ title page, or the page immediately following, if it be 

a book ; or if a map, chart, musical composition, print, cut, 

engraving, or photograph, by causing to be impressed on 

the face; or if a volume, then upon the title or frontispiece 



LAW OP PATENTS AND COPYRIGHl 



thereof the following? words, viz: "Entered according to 

act of Congress, in the year , by A. B., in the clerk's 

office of the district court of — ' ' (as the case may be. ) 

Sec. 78 . If any person shall insert or impress such notice, penalty for fake 



notice. 



or words purporting the same, in any book, map, chart, 

. I-,.-, , • ,, i3 i^eb., 1831, ch. 

musical composition, print, cut, engraving, or photograph, i6,§u,v.4,p.438. 
for which he has not obtained a copyright, every person so i Biatchf., 154. 
offending shall forfeit and pay one hundred dollars ; one 
moiety thereof to the person who shall sue for the same, and 
the other to the use of the United States, to be recovered 
by action in any court of competent jurisdiction. 

Sec. 79. If any person, after the recording of the title of infringement of 
any book as herein provided, shall within the term limited, ""^^''^ 



, . , , f. , . ,. , . , 3 Feb., 1831, ch- 

and without the consent 01 the proprietor 01 the copyrightie, §6,v.4, pp.437, 

first obtained in writing, signed in presence of two or more^ — 

witnesses, print, publish, or import, or knowing the same to |g5°JJ^f f^ gg 
be so printed, published, or imported, shall sell or expose 4 ^^a'^h''49a ^" 
to sale, any copy of such book, such offender shall forfeit ' ^'"^•' ^"" 
every copy thereof to said proprietor, and shall also forfeit 
and pay fifty cents for every sheet thereof which may be 
found in his possession, either printing, printed, published, 
im-ported, or exposed for sale ; the one moiety thereof to 
the proprietor, and the other to the use of the United States, 
to be recovered by action in any court of competent juris- 
diction. 

Sec. 80. If any person, after the recording of the title of infringement of 

1 J. -1 •,. • , , . copyright map,&c. 

any map, chart, musical composition, print, cut, engraving, 

or photograph, as herein provided, shall within the term i6,5,7,''v.'4, p. 4^.' 
limited, and without the consent of the proprietor of the ~~i story, is. 
coypright first obtained in writing, signed in presence of two 2 Biatchf., 47. 

. , ,- . , ,. 3 story, 787. 

or more Witnesses, engrave, etch, work, copy, print, publish, 2wood.&Min., 
or import, either in whole or in part, or by varying the main * McLean, 301, 
design with intent to evade the law, or knowing the same to 
be so printed, published, or imported, shall sell or expose 
to sale , any copy of such map or other article, as aforesaid, 
such offender shall forfeit to the said proprietor all the 
plates on which the same shall be copied, and every sheet 
thereof either copied or printed, and shall further forfeit one 
dollar for every sheet of the same found in his possession, 
either printing, printed, copied, published, imported, or ex- 
posed for sale ; the one moiety thereof to the proprietor and 
the other to the use of the United States, to be recovered 
by action in any court of competent jurisdiction. 



22 LAW OF PATENTS AND COPYRIGHTS. 

List of copyrights Sec. 71. The said clerk shall, once in each 3'ear, trans- 

to Interior De- . • n t • fi- ip • ^ • i 

partment. mit a Certified transcript of his records of copyright, with 
le^f/'''' r^^a?" ^"^ *^® several copyright books or other articles deposited 
in his office, to the Secretary of the Interior, to be pre- 
served in his Department. 

Fees of clerk. Sec. 72. For recording the title of any copyright book 
3 Feb., 1831, ch. or other article, the clerk of the court shall receive from 

16, §4, V. 4, p. 437. ; 

30jane,i834,ch. t]2e person claiming the same, fifty cents; and for every 
8o~if v**'io^p^i63' copj' under seal, actually given to such person or his as- 
signs, fifty cents; %nd for recording any instrument of writ- 
ing for the assignment of a copyright, fifteen cents for 
every one hundred words, and for every copy thereof, ten 
cents for every one hundred words. 

Library of Con- Sec. 73. It shall be the duty of every proprietor of any 

gress to have -iii i • i it iti p 

copyright ar- copyriglit book or other article to deliver to the library ot 

llCl6S> • « • ■ ■ 

3 Mar 1865 ch Cougress at Washington, within one month after its publi- 
540 Wi.^'^'"' ^^' cation, a complete printed copy thereof, and a copy of every 
d^^t^v'-'ii^.'sss. subsequent edition wherein any changes shall be made. 

Penalty for not de- Sec. 74. In default of such delivery, such proprietor 

livering. 

-—-—shall be liable to a penalty of twenty -five dollars, to be col- 

18 Feb., 1867, ch. . . . 

43, §1, V. 14, p. 395. igcted by the librarian of Congress, in the name of the 
United States, in any district or circuit court of the United 
States within the jurisdiction of which the delinquent may 
reside or be found. 

May bo sent to li- Sec. 75. Any such Copyright book or other article may 
brm-y by mai ^^ ^^^^ ^^ ^^^ librarian of Congress by mail, free of post- 

18 Feb., 1867, ch. age, provided the words "copyright matter" are plainly 

43, §2, V. 14, p. 395. *=> . ' ^ . , , •/ ^ , , ^ . . 

written or printed on the outside oi the package containing 
the same. 

Duty of postmas- Sec. 76. It shall be the duty of the postmaster to give 
— a receipt for such package if requested, and when delivered 

18 Feb., 1867, ch. . ^ . 

43,§2,v.i4, p.395. to Mm to 866 that it is safely forwarded to its destination 
without cost to the proprietor. 

Notice of copy- Sec. 77. No pcrson shall maintain an action for the in- 
^"5—^ fringement of his copyright unless he shall give notice thereof 

3 Feb., 1831, ch. ° . . , , . . 

16, § 5, V. 4, p. 437. by inserting in the several copies of every edition published, 

1 Biatchf., 620. Qjj -j^jjQ ^i^Iq page, or the page immediately following, if it be 

a book ; or if a map, chart, musical composition, print, cut, 

engraving, or photograph, by causing to be impressed on 

the face; or if a volume, then upon the title or frontispiece 



LAW OF PATENTS AND COPYRIGH^. 

thereof the following words, viz: "Entered according to 

act of Congress, in the year , by A. B., in the clerk's 

office of the district court of — " (as the case may be.) 

Sec. 78. If any person shall insert or impress such notice, penalty for false 
or words purporting the same, in any book, map, chart, '- 

. ,.,.., , . ,j i3 Feb., 1831, ch. 

musical composition, print, cut, engraving, or photograph, i6,§u,v.4,p.438. 
for which he has not obtained a copyright, every person so i siatchf., 154. 
offending shall forfeit and pay one hundred dollars ; one 
moiety thereof to the person who shall sue for the same, and 
the other to the use of the United States, to be recovered 
by action in any court of competent jurisdiction. 

Sec. 79. If any person, after the recording of the title of lafnngement of 
any book as herein provided, shall within the term limited, "°''^"® 



, . , f. , . ,. , . , 3 Feb., 1831, eh- 

and without the consent 01 the proprietor 01 the copyright le, §6, v. 4, pp.437, 
first obtained in writing, signed in presence of two or more 

. . . 1 story, 19. 

witnesses, print, publish, or import, or knowing the same to UfaJJ^f 4^7 §5 
be so printed, published, or imported, shall sell or expose 4 ^'a'sr^a '^' 
to sale, any copy of such book, such offender shall forfeit ''■how.,8u. 
every copy thereof to said proprietor, and shall also forfeit 
and pay fifty cents for every sheet thereof which may be 
found in his possession, either printing, printed, published, 
imported, or exposed for sale ; the one moiety thereof to 
the proprietor, and the other to the use of the United States, 
to be recovered by action in any court of competent juris- 
diction. 

Sec. 80. If any person, after the recording of the title of infringement of 

1 i • 1 •,• • , , • copyright map,&c. 

any map, chart, musical composition, print, cut, engraving, 
or photograph, as herein provided, shall within the term i6,§7%'.'4, p. 4&." 
limited, and without the consent of the proprietor of the ~i story, 18. 
coypright first obtained in writing, signed in presence of two 2Biatchf., '47. 

., .IT • .. , ,• , 3 story, 787. 

or more Witnesses, engrave, etch, work, copy, print, publish, awood.&Min., 
or import, either in whole or in part, or by varying the main * McLean, 301, 
design Aviih intent to evade the law, or knowing the same to 
be so printed, published, or imported, shall sell or expose 
to sale , any copy of such map or other article, as aforesaid, 
such offender shall forfeit to the said proprietor all the 
plates on which the same shall be copied, and every sheet 
thereof either copied or printed, and shall further forfeit one 
dollar for every sheet of the same found in his possession, 
either printing, printed, copied, published, imported, or ex- 
posed for sale ; the one moiety thereof to the proprietor and 
the other to the use of the United States, to be recovered 
by action in any court of competent jurisdiction. 



LIBRARY OF CONGRESS 




W OF PATENTS AND COPYRIGHTS. —016^941 7 '^1 

Infringement of Sec . 81. Any pevson pubHcly performing or representing 
matic composi- any dramatic compoaition for which a copyright has been 

TsAug 1856 eh obtained, withoutthe consent of the proprietor thereof, shall 

169, §1, v.n, p.139. ijg liable for damages therefor, to be recovered by action in 
any court of competent jurisdiction, such damages in all 
cases to be assessed at such sum, not less than one hundred 
dollars for the first, and fifty dollars for every subsequent 
performance, as to the court shall appear to be just. 

Infringement of Sec. 82. Any pcrson who shall print or publish any manu- 
manuscnpa. — ggj,jp^ whatevcr, without the consent of the author or pro- 

3 Feb., 1831, ch. .„ ^ • i -r ^ ,^ • , -i ■ ■ 

16, §9, V. 4, p. 438. prietor first obtained, (it such author or proprietor be a citizen 
5McLean,4i,332. of thc United Statcs, or resident therein,) shall be liable to 

22 How. Pr., 207. 

8 Pet., 657. said author or proprietor for all damages occasioned by such 

4 McLean, 301. r r o .; 

injury, to be recovered by action in any court of competent 
jurisdiction. 
Foreign works Sbc. 83. Nothing herein contained shall be construed to 

may be printed i-i-,.i •!• ^ t i • • i- i n 

or imported, prohibit the printing, publishing, importation or sale or any 



3 Feb., 1831, ch. book, map, chart, dramatic or musical composition, print, 

16, §8, V. 14, p.438. 5 f I 1 ^ f ) f I 

cut, engraving, or photograph, written, composed, or made 
by any person not a citizen of the United States nor resi- 
dent therein. 
Limitation of time Sec. 84. No actiou shall be maintained in any case of 
^ — forfeiture or penalty under the copyright laws, unless the 

3 Feb., 1831, ch. . . r^ o i 

i6,§i3,v.4, p.439. gg^jjjg is commenced within two years after the cause of 
action has arisen. 
Pleading. Sec. 85. lu all actious arising under the laws respecting 



3 Feb., 1831, ch. copyriffhts the defendant may plead the general issue, and 

16, ^10, V. 4, p.438. i^J o ^ J f J3 ' 

give the special matter of defence in evidence. 

Actions cognizable Sec. 86. All actions and suits arising Under the Copyright 
y cuciiit cour . y_^^^^ ^^ ^j^^ United States shall be originally cognizable as 

15Feb.,18]9.ch. . , , , • ., , . , . 

i9,§i V.3, p.481. well in equity as at laAv, whether civil or penal in their na- 
336 ^'^^'"^°' ^^' ture, by the circuit courts of the United States, or any dis- 
^2 Wood. &Min., j.j,jg^ court having the jurisdiction of a ci rcuit court. And the 
n'now^iss.^" court shall have power, upon bill in equity, filed by any 
4Duer,382. party aggrieved, to grant injunctions to prevent the viola- 
tion of any right secured by said laws, on such terms as the 
court may deem reasonable. 
Appeals to Su- Sec. 87. A Writ of error or appeal to the Supreme Court 

prcme Court. • ■, n< iiii-r ii'i 

of the United States shall lie irom all ludgments and de- 
is Feb., 1861 ch. .... 

37,51, v.i2,p.i3o. gj.gQg Qf any circuit court, in any suit touching copyrights 
originally commenced therein, without regard to the sum 
or value in controversy. 

Full costs to be ggQ^ gg Jq all rccoverics under the copyright laws, 

allowed. * 

either for damages, forfeitures or penalties, full costs shall 



3 Feb., 1831, ch. 

438 «9. ^' "' ""be allowed thereon. 



